Montana § 72-2-825 Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary Capacity

Montana Statutes

§ 72-2-825 — Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary Capacity

Montana § 72-2-825

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 2UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 8General Provisions Concerning Probate and Nonprobate Transfers

This text of Montana § 72-2-825 (Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary Capacity) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-2-825 (2026).

Text

72-2-825 . Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

(1)If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2)If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3)The instrument creating the power is construed as if the power expired when the disclaimer became effective.

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72-2-825 . Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.